Free Motion in Limine - District Court of Arizona - Arizona

N? T IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF ARIZONA
BETH D'AGUANNO and ERANKIE )
TYREE, )
)
P1aintiffs, )
)
vs. ) No. CV 03-1408-PHX-MHM
>
AMERICAN BUILDERS & CONTRACTORS )
SUPPLY CO., INC., d/b/a ABC ) ( ‘
SUPPLY COMPANY, INC., )
. )
. Defendant. )
)

{ i~ DEPOSITION OF FRANKIE TYREE
Phoenix, Arizona
June 21, 2004
1:27 p.m.
I REPORTED-BY:
ERNEA C. GARDNER, RPR i%@Â¥
Certified Court Reporter
Certificate No. 50203 »Z;; ``, , G ¤ mJ&
N R - JA S ON VT N D T T T T
= A t t o r n e y a t L a w S§@C IATES
ny r· (C°PY) . GWWMMMS
2% ''‘i 3030 North Central Avenue
Vi w· SuHe1102
` · Phoenix, Arizona 85012
‘ T 602.264 2230
888.529.99Qo
F6022642245
_ _ .‘n t.
Case 2:03-cv-01408-DGC Document 70-2 Filed 08/19/2005 i Page “iW“éF'Es'"”‘°°' °“’"`

DEPOSITION O FRANKIE TYREE — 6/2l/04 V 49
l specific reason. I had it substantiated by several
2 people. Jana Clark being one of them.
3 In one of our discussions with John, I
4 recall telling him that he didn't even want me as a
5 manager. And he said, "Well, that's not true. I want you
6 as one now," which implied to me that it was true he
7 didn't want me as one before. You know with the word
8 "now."
9 Q. Right. Okay. But what I'm getting at is, and I
l0 apologize if it is not clear, I'm trying to be as clear as
ll possible. You say you were told that John didn't like you
l2 as a manager, right, didn't like you being a manager.
· ¥ l3 That's what you had been told? C
l4 A. Yes.
l5 Q. And I'm just asking how do you know that the
l6 reason he didn't like you as a manager is because you were
l7 a woman and not for some other reason?
l8 A. I -- just a feeling that I got. Things that
l9 people said. Just a feeling that I got. U
20 Q. But do you have any specific evidence that it was}
2l because you were a woman?
22 A. Just what Jana Clark told me that he didn't care 1
23 how good I was, he didn't want a woman as a manager.
24 Q. Jana Clark told you that?
25 A. Yes.
l GRIFFIN AND ASSOCIATES — (602) 264-2230
Case 2:03-cv-01408-DGC Document 70-2 Filed 08/19/2005 Page20f3

DEPOSITION O FRANKIE TYREE — 6/21/04 50
1 Q. Jana Clark told you that John Simonelli told her
2 that he didn't want a woman as a manager?
3 A. I don't know that she used the word her. Because.
4 I don't recall. The conversation was well over a year
5 ago. But yes, yes, she said that Ken Hendricks was very
6 proud of the fact that he promoted me, that he was the one
7 that promoted me and said so at the regional managers
8 meeting. g V
9 She said that John had said later, she
10 didn't say later "to me" or he said later as a group, but
11 that he had said later he didn't care how good I was, he
12 didn't want a woman as a manager.
" I 13 Q. Did he say he didn't want a woman as a manager ori
14 did he say he didn't want you as a manager?
15 A. She said he said he didn't want a woman as a
16 manager.
I 17 Q. But you weren‘t present for that conversation?
18 A. No.
19 Q. So you don't know for a fact exactly what John E
20 said? 1
21 A. No. ‘
22 Q. And would you agree with me that it would be
23 possible for John to have been unhappy over the fact you `
24 Iwere made a manager and that that would be for a reason
-25 that has nothing to do with you being a woman?
GRIFFIN AND ASSOCIATES - (602) 264-2230
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